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Court of AppealAllowedNot stated in the judgment· [2025] KECA 1248 (KLR)

Martha Njoki Muturura v Gatanga Constituency Development Fund & 1 other

Court of Appeal of Kenya
27 June 2025
SKS. ole Kantai
239 words in judgment
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The bottom line

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Kenya's Court of Appeal allowed a daughter to step into her deceased mother's appeal, confirming that an estate's administrator can continue a case under Rule 102.

What this practically means

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Executive summary

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This is a short single-judge ruling of the Court of Appeal at Nyeri, delivered by S. ole Kantai, JA, on 27th June 2025, dealing with the substitution of a deceased appellant in a pending appeal. The appellant, Martha Njoki Muturura, died on 8th September 2021 while the appeal was pending. Her daughter, Virginia Wambui Kahiga, brought a motion dated 15th May 2025 seeking to be substituted in her place, on the basis that she had been appointed administratrix of the estate in Kandara Succession Cause No. E346 of 2022, with supporting documents annexed. The court noted that the motion cited the wrong provisions of law, but proceeded to determine it on the correct basis: Rule 102 of the Court of Appeal Rules, which allows substitution where an appellant or respondent to an appeal dies. The court observed that a hearing notice dated 18th June 2025 had notified parties of the hearing date and required written submissions, but no submissions were filed by any party. Finding the administratrix entitled to take over the appeal, the court ordered the substitution, declaring that the appellant in the appeal would henceforth be Virginia Wambui Kahiga. It made no order as to costs. The underlying appeal remains pending with the substituted appellant in place; no decision on the merits was made and no decision below was disturbed.

Key legal issues

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01

Substitution of a deceased appellant's personal representative in a pending appeal

Holding

The administratrix of the deceased appellant's estate, holding letters of administration, is entitled to be substituted and to take over the appeal.

Reasoning

The court noted that the appellant died on 8th September 2021 while the appeal was pending, that the applicant is the deceased's daughter and was appointed administratrix in Kandara Succession Cause No. E346 of 2022, and that supporting documents were annexed. Rule 102 of the Court of Appeal Rules permits substitution where a party to an appeal dies, and the court found the applicant entitled to take over the appeal.

p. 1

Legal principles established

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  • Where an appellant to a pending appeal dies, the personal representative of the deceased's estate is entitled to be substituted to continue the appeal under Rule 102 of the Court of Appeal Rules.

Court orders

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  1. 1.Virginia Wambui Kahiga is substituted in the place of the deceased appellant Martha Njoki Muturura
  2. 2.The appellant in the appeal will henceforth be Virginia Wambui Kahiga
  3. 3.No order as to costs
Jurisdiction invoked
Rule 102 of the Court of Appeal Rules (substitution of a party to an appeal upon death)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Martha Njoki Muturura v Gatanga Constituency Development Fund & 1 other", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1248/eng@2025-06-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.